WI Sup. Ct.: PolitiFact misses key evidence showing Prosser will pre-judge cases

David Prosser

In our legal system, it's crucial that judges enter each and every case with an open mind. So JoAnne Kloppenburg, running against incumbent Republican David Prosser for the Wisconsin Supreme Court, leveled a pretty hefty charge in a recent debate:

"I, unlike my opponent, will approach cases with an open mind and without having prejudged the matters that come before the court."

Kloppenburg is right. But PolitiFact, which has a problem with politics in general, also has a problem with this statement, alleging that the evidence to support it is weak. Let's put aside their dismissive attitude toward Prosser's unambiguous statement that he'll serve as a "complement" to Gov. Scott Walker and the new Republican legislature, or that his ideology "closely mirrors" Walker's. Those are pretty damning statements to me, but evidently not good enough for PolitiFact.

But even if you want to play their game, PolitiFact still managed to miss key occasions where Prosser crossed the line into prejudging cases. Major credit to the blog Uppity Wisconsin for these catches. The first is from a video interview Prosser did with the Dane County Republican Party:

PROSSER: I would think that there?s going to be champ?I?m sure there?s going to be litigation on the Court and in fact, I think part of the effort against me in the campaign is to replace me on the Court in the event this bill and other legislation passed by the new governor and legislature are litigated. I think that they want someone on the Court who will be an almost automatic vote against anything that comes out of the new legislature.

HOST: Is that right?

PROSSER: Oh, yes. I think that there?s no question at all as I?ve talked to people that part of the motivation for the candidates running against me is to have a block of four people who will reapportion the legislature along more liberal lines whereas the conservative members of the Court don?t want any part of legislative redistricting.

By his own admission, Prosser is one of the "conservative members of the Court"?even PolitiFact acknowledges that. So how has Prosser not pre-judged potential redistricting cases by saying he wants nothing to do with them? Of course he has. The GOP wants to ram through new legislative maps this year, and Prosser wants to give them his seal approval by refusing to even entertain litigation on the topic. That's textbook pre-judgment.

Prosser was more slippery in a different interview (this one with an outfit called "Northwoods Patriot Radio"), but he knows exactly what game he's playing:

STEVE: It is for sure and another thing that I?d like to point out that?s quite interesting, in the upcoming race for Supreme Court is that Justice Prosser is a pro-life candidate and the three opponents that he?s running against are not pro-life, so... I take it, Justice Prosser, that you hold life dearly and you believe that that is not something that is not to be messed with.

PROSSER: Well, Steve, I have to be very careful what I say because I cannot commit myself, I, as a judge...

STEVE: I understand.

KIM: Yeah.

PROSSER: In deciding a case in a particular way. On the other hand, people can look at what I?ve done over a lifetime and kind of read between the lines.

So when asked about a hypothetical reproductive rights case, Prosser goes through the charade of announcing that he can't pre-judge a case... but then?nudge nudge, wink wink?assures his listeners than they can "read between the lines" to know how he'll rule. For a potential litigant in such a case, can this mean anything other than Prosser's already made up his mind? No, it can't.

So you tell me: Will this self-described "political conservative" whose views "closely mirror" and "complement" Gov. Walker's, who says he doesn't "want any part" of any legislative redistricting cases, and who assures observers they can know how he'll rule on abortion cases by "reading between the lines"... will this guy approach cases with an open mind? Or has he already pre-judged matters before they even reach his bench? I'm not surprised that PolitiFact blew it once again, but what matters is that we all know better.

Source: http://feeds.dailykos.com/~r/dailykos/index/~3/zm7giHyBWZc/-WI-Sup-Ct:-PolitiFact-misses-key-evidence-showing-Prosser-will-pre-judge-cases

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